These Sears Vacations Subscription-Membership (“Subscription”) Terms and Conditions of International Cruise & Excursion Gallery, Inc., also doing business as Sears Vacations (“SV’) and Our Vacation Center (“OVC”), set forth a legally binding contract between SV and each person who applies and is accepted as a subscribing member by SV (“You,” “Subscriber,” and “Member”) including any guests of Subscriber.
If a Paid subscription is elected, Subscription fees must be paid according to the terms of the Enrollment and any Redemption of Certificates may be limited based on the number of monthly payments made under the subscription, as applicable. Some additional limitations and exceptions may apply.
The term of the Subscription begins on the date you enrolled and continues indefinitely thereafter until cancelled by either You or SV. SV will automatically continue providing the Subscription Benefits and charge you the Monthly and Annual Subscription Fee. So long as Subscriber complies with all of the terms of the Subscription Enrollment and Purchase Receipt, including timely payment (in advance) of all Monthly and Annual Subscription Fees as contemplated in the Subscription Enrollment and/or Purchase Receipt, and any renewal thereof, Subscriber shall be eligible to receive the Subscription Benefits.
In return for receiving the Subscription Benefits, Subscriber promises to pay SV (in advance) according to the Subscription Type and associated pricing listed on the Receipt. In order to facilitate the Subscription, Subscriber hereby agrees to provide SV with payment information for a valid credit or debit card that Subscriber is authorized to charge at all times during the Term, and Subscriber hereby consents to the automatic and recurring payment of the Monthly and Annual Subscription Fee using such credit or debit card. Subscriber may change the credit or debit card used for payment of Monthly and Annual Subscription Fees by contacting SV. Payment for Subscription Benefits are due in advance, and Subscriber is not eligible to receive any Subscription Benefits or other goods or services contemplated by this Agreement unless Subscriber has paid SV for such Subscription Benefits or other goods or services in advance. If Subscriber fails to pay any Monthly or Annual Subscription Fee or other fee or charge contemplated by this Agreement on or before the stated due date thereof, Subscriber will be ineligible to receive any associated Subscription Benefits, and SV may terminate this Agreement upon written notice to Subscriber within thirty (30) days of any missed or late payment.
Subscriber may cancel the Subscription as follows:
For Non-Florida Resident Cancellation (10 Day Cancellation):
New Subscribers will have ten (10) days from the enrollment date to cancel and obtain a full refund. In addition to any right to otherwise revoke an offer, You, the Purchaser, may cancel this enrollment up to midnight of the tenth (10th) day from the enrollment date by providing written notice of such cancellation to: SV Attn: Cancellations at 7720 N. Dobson Rd., Scottsdale, AZ 85256 fax to: 602.308.1953. Cancellation requests postmarked later than ten (10) days after the enrollment date will not be subject to no refund.
For Florida Resident Cancellation (30 Day Cancellation):
New Subscribers will have thirty (30) days from the enrollment date to elect to cancel and obtain a full refund. As Applicable, Subscriber may also cancel this contract if accommodations or facilities are not available pursuant to a request for use as provided in the contract. In addition to any right to otherwise revoke an offer, Subscriber may cancel enrollment up to midnight of the thirtieth (30th) day from the enrollment date by providing written notice of such cancellation to: SV Attn: Cancellations at 7720 N. Dobson Rd., Scottsdale, AZ 85256 or fax to: 602.308.1953. Cancellation requests postmarked later than thirty (30) days after the enrollment date will not be honored. After the expiration of the thirty (30) day rescission period, this enrollment is final and the amounts paid under the subscription are not refundable. This contract is for the purchase of a vacation certificate(s)/membership and puts all assignees on notice of the consumer’s right to cancel under section 559.933 Florida Statutes. NO PURCHASER SHOULD RELY UPON REPRESENTATIONS OTHER THAN THOSE INCLUDED IN THIS CONTRACT.
After 10 days for non-Florida residents and after 30 days for Florida residents, Subscriber may cancel without a refund due to Subscriber at any time by providing SV written notice of cancellation to Sears Vacations, 7720 N. Dobson Rd., Scottsdale, AZ 85256.
SV products and services may be purchased with any valid credit card. Member may purchase products or services with a debit card that displays a Visa or MasterCard. Charges usually occur on the same business day, but may take up to three (3) business days to be processed. If there are any complications with Member’s credit card or debit card transaction, SV will make reasonable efforts to contact Member, but SV reserves the right (without refund or credit) to cancel the confirmed booking if payment is denied by Members’ financial institution. Member will be responsible for any travel provider penalties assessed due to a payment being rejected by Member’s financial institution. Additionally, SV will assess a $25 service fee for all returned checks and two or more instances of declined credit cards.
Travel, travel provider, and product and service information provided to Member is based on information received from third party providers. While SV makes reasonable efforts to ensure that this information is accurate and complete
Subscribers may opt-out or cancel their Subscription by calling Sears Vacations at 1-855-791-4981 then SV written notice of cancellation to Sears Vacations (attn: Cancellation Coordinator), 7720 N. Dobson Rd., Scottsdale, AZ 85256 , or by fax to 602-308-1934.
Best Price Guarantee is only applicable on cruises, resorts, tours and hotels. Airfare is not applicable. Best Price Guarantee is valid up to 48 hours after bookings. Verifiable proof is required of public availability of a lower rate at time of booking and must be for identical cruise, tour or resort; cabin, type of room booked, and not be in any violation of vendor pricing policies. Valid on any price advertised and offered to the general public. Not valid on prices requiring a callback or on public pricing offered in e-mails that are not advertised on public accessible websites or otherwise available to the general public. Group, charter, incentive, meeting, convention or interline rates are excluded. If you qualify for a military rate, you must request such at time of booking. If you find a lower rate than the one originally booked within 48 hours, we will match that rate. Purchaser will be responsible for any cancellation fees. For car rental reservations, the price difference will be awarded in the form of vacation cash redeemable with Sears Vacations for future vacations in lieu of a price match.
A booking fee may be charged to air reservations. Please note that government, taxes, airline, and/or airport taxes and fees may still apply. Fees are subject to change at any time.
SV purchases, benefits and transactions are administered and fulfilled by International Cruise & Excursion Gallery, Inc. d.b.a. Our Vacation Center ("OVC") and d.b.a. Sears Vacations (“SV”) (Collectively “ICE”). ICE is located at 7720 N. Dobson Rd., Scottsdale, AZ 85256. ICE is a registered seller of travel in the following states: Florida #ST-29452, Washington UBI#602 443 155 001 0001, Hawaii #TAR-5192 (Hawaiian travel agency trust account named Client Trust Account #1 is held at First Hawaiian Bank); and California #CST 2066521-50. ICE is not a participant in the California Travel Restitution Fund. California requires certain sellers of travel to have a trust account or bond. ICE maintains a Consumer Protection Bond issued by International Fidelity Insurance Company in the amount of $100,000.00.
Subscribers hereby permit their telephone conversations with SV representatives to be tape-recorded and/or monitored for training and quality control purposes.
A Call Center Fee will be charged per booking for car and hotel, and per ticket for airlines ONLY when you call into SV to book or arrange travel. You can avoid the Call Center Fee by booking your car, hotel, and airline ticket online through the website. The Call Center Fee may vary based on your membership type and the Call Center Fee may vary from time to time at the discretion of SV. Travel Savings Credits may not be used as a form of payment for the Call Center Fee.
Travel insurance plans are administered by Customized Services Administrators, Inc., CA Lic. No. 821931, located in San Diego, CA and doing business as CSA Travel Protection and Insurance Services. Plans are available to residents of the U.S. but may not be available in all jurisdictions. Benefits and services are described on a general basis; certain conditions and exclusions apply. Travel Retailers may not be licensed to sell insurance, in all states, and are not authorized to answer technical questions about the benefits, exclusions, and conditions of this insurance and cannot evaluate the adequacy of your existing insurance. This plan provides insurance coverage for your trip that applies only during the covered trip. You may have coverage from other sources that provides you with similar benefits but may be subject to different restrictions depending upon your other coverages. You may wish to compare the terms of this policy with your existing life, health, home and automobile policies. The purchase of this plan is not required in order to purchase any other travel product or service offered to you by your travel retailers. If you have any questions about your current coverage, call your insurer, insurance agent or broker. This notice provides general information on CSA's products and services only. The information contained herein is not part of an insurance policy and may not be used to modify any insurance policy that might be issued. In the event the actual policy forms are inconsistent with any information provided herein, the language of the policy forms shall govern.
Travel insurance plans are underwritten by: Generali U.S. Branch, New York, NY; NAIC # 11231. Generali US Branch operates under the following names: Generali Assicurazioni Generali S.P.A. (U.S. Branch) in California, Assicurazioni Generali – U.S. Branch in Colorado, Generali U.S. Branch DBA The General Insurance Company of Trieste & Venice in Oregon, and The General Insurance Company of Trieste and Venice – U.S. Branch in Virginia. Generali US Branch is admitted or licensed to do business in all states and the District of Columbia.
In states that SV carries its own producer license, or equivalent, the numbers are (AL 775746; AZ 1099672; CT 2485378; HI 447049; ID 593498; MA 2017779; MI 0111010; MT 100129788; OH 1128528; PA 794952; SC 210204; WV 100231297).
SV, ICE, and OVC are trademarks of their respective owners, which may not be used without their prior written permission from the respective owner. The Sears trademark is registered and used under license from Sears Brands, LLC. Citibank is not responsible for products and services offered by other companies. Sears cards are issued by Citibank, N.A.
These Terms and Conditions and the SV Subscription shall be governed exclusively by the laws of the State of Arizona. Any action at law or in equity by a Subscriber or Subscriber’s guest, whether vacationing with the Subscriber or traveling by way of a Guest Certificate, to seek any remedy against SV or its associated entities must be submitted exclusively to the jurisdiction of the courts of Maricopa County, Arizona (USA).
SV DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY, WITHOUT LIMITATION FOR, DAMAGE, EXPENSE, INCONVENIENCE, LOSS, INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY ON ANY CRUISE LINE SHIP OR HOTEL/RESORT ON ANY AIRCRAFT/SHIP IN TRANSIT TO AND FROM CRUISE SHIP, HOTEL/RESORT OR FOR ANY CAUSE WHATSOEVER DUE TO DELAYS, CANCELLATIONS DUE TO NATURE, OIL SPILLS, MECHANICAL BREAKDOWN, STRIKES, CIVIL UNREST, TERRORISM (OR THREAT OF TERRORISM), OR ACTS OF GOD.
SV SHALL NOT BE LIABLE FOR AND DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSS, DAMAGE, DELAY, DEATH OR INJURY TO PERSON OR PROPERTY ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF THE TRAVEL PROVIDERS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. SV’S LIABILITY FOR ANY CLAIM ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF SV WILL BE LIMITED TO THE FEES PAID BY MEMBER TO SV FOR THE TRAVEL PURCHASE. IN NO EVENT WILL SV BE LIABLE FOR SPECIAL, CONSEQUENTIAL, LIQUIDATED, INCIDENTAL, INDIRECT, EXEMPLARY, MORAL, OR PUNITIVE DAMAGES EVEN IF NOTIFIED OF THE POSSIBILITY OF SAME. THIS LIMITATION SHALL ALSO APPLY TO SV AFFILIATED COMPANIES, SUCCESSORS, ASSIGNS AND AGENTS.
(i) SUBSCRIBER AND SV AGREE THAT ANY PROCEEDING TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER SUBSCRIBER NOR SV WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH SUBSCRIBER OR SV ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. SUBSCRIBER AND SV FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF SUBSCRIBER, SV, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING. (ii) IF THE CLASS ACTION WAIVER (WHICH INCLUDES A WAIVER OF PRIVATE ATTORNEY-GENERAL ACTIONS) HEREIN IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, WHETHER BY JUDICIAL, LEGISLATIVE, OR OTHER ACTION, THEN THIS SECTION WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS OF THE DISPUTE WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION.
Any and all disputes, claims or controversies whatsoever, whether based on contract, tort, statutory, constitutional or legal rights, arising from or relating to the sale, booking, processing or payment of any cruise and travel benefits or vacation club membership services, programs or products, including but not limited to alleged violations of civil rights, discrimination, consumer protection or privacy laws, or for any losses, damages or expenses, by and between or among You and Us and its heirs officers, directors, employees, agents, business partners, suppliers or vendors shall be referred to and resolved exclusively by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association ("AAA") to be conducted in Maricopa County, Arizona, U.S.A., to the exclusion of any other forum. You hereby consent to jurisdiction and waives any venue or other objection to the arbitration proceeding taking place in Maricopa County, Arizona. The arbitration proceeding shall be administered by the AAA under its Commercial Arbitration Rules and the fee schedule in effect at the time the proceeding is commenced.
The arbitration proceeding shall be governed by the Federal Arbitration Act, 9 U.S.C. §1 et. seq. ("FAA") and a final judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Either party may elect to participate in the arbitration telephonically. The parties shall be permitted to conduct discovery in accordance with the Federal Rules of Civil Procedure.
Except to the extent the parties' procedural or substantive rights are governed by the FAA and the federal common law relating to arbitration, this Dispute Resolution Policy shall be governed by the laws of the State of Arizona without regard to its choice of law and conflict of law rules.
The parties agree that any arbitration proceeding will be filed and conducted on an individual, and not a collective or class-wide basis, and shall not be joined or consolidated with another claim or proceeding between one of the parties and any other entity or person. The arbitrator selected under this Dispute Resolution Policy shall have no authority to arbitrate claims on a class-wide, collective, group or consolidated basis.
The parties further expressly agree that (i) the arbitrator's decision will be final and binding; (ii) the arbitrator shall only reach his or her decision by applying strict rules of law to the facts; (iii) the arbitration shall be conducted in the English language; (iv) the party in whose favor the arbitration award is rendered shall be entitled to recover its costs and expenses of the arbitration including, but not limited to, its reasonable attorneys' fees, the costs and expenses of the administration of the arbitration proceedings including the AAA filing fees, and any costs and attorneys' fees incurred in executing on or enforcing the arbitration award; and (v) the arbitral award shall be issued in Maricopa County, Arizona.
Except as otherwise provided herein, no party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter shall have been submitted and determined as provided herein and then only for the enforcement of the arbitration award. Notwithstanding this Dispute Resolution Policy, IP may as necessary apply to a court of competent jurisdiction in Maricopa County, Arizona to seek injunctive relief relating to the unauthorized use of Our trademarks, trade name, or other intellectual property (the "Marks"), or to otherwise protect its goodwill and reputation associated with the Marks. The institution of any such action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any other claim to arbitration.
Judgment upon the arbitral award or decision may be entered by the Maricopa County Superior Court or the United States District Court for the District of Arizona, or application may be made to such court for the judicial confirmation of the award and order of enforcement, as the case may be, if the Arbitrator's award or decision is not complied with within seven (7) days of the issuance of the award or decision.
The following terms and conditions apply to purchases of wine or wine products and services through the Website. In the event of any conflict between this section and any section of the Terms and Conditions, these terms shall take precedence and prevail with respect only to the purchase and shipping of wine or wine products and services by Members.
Providers. Where local law allows, We have chosen WineDirect, Inc., to select the wines and operate the wine benefits program on International Cruise & Excursion Gallery, Inc.’s (“We,” “Us,” “Our”) behalf. WineDirect, Inc., uses suppliers’ direct to consumer shipping permits and ships in accordance with direct shipping laws for states where we ship. ALL ALCOHOLIC BEVERAGES PURCHASED THROUGH US, ARE SOLD BY THE LICENSED SUPPLIER AS SELLER OF RECORD. We and WineDirect, Inc., make no representation of the legal rights of anyone to ship or import alcoholic beverages into any state. All redemption of Member benefits will be facilitated by Us. Due to state laws, wine can be purchased by adults 21 years and older.
Age Restrictions. Members must be at least 21 years of age to purchase wine products and to sign for the delivery of wine products. Proof of age will be required to receive wine shipments. Individuals below the legal drinking age may purchase non-alcoholic products from the website. Drinking wine may increase risk for cancer, and, during pregnancy, can cause birth defects.
Confidential Information. Members are solely responsible for protecting their user names and passwords from any unauthorized purchasers including minors.
Sale and delivery . We provide for the sale of wine products and services in the United States and will only be shipped where it is not prohibited by law. Wine Direct does not deliver wine or other alcoholic beverages outside the United States. Sales are subject to all Federal, State and Local laws and regulations regarding the sale and delivery of wine and alcoholic beverages, including the payment of all applicable Federal, State and Local taxes. Members who do not reside in areas where the delivery of wine is legal, or live outside the United States, or reside in areas where We, at Our sole discretion elect not to deliver wine, may purchase non-alcoholic products.
Parental Control Protections. As required by the Communications Decency Act of 1996, We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content including alcohol purchases that may be harmful to minors.
No Warranties. To the extent permissible under law, We disclaim any and all warranties, express or implied, for any product or service sold on the Website, beyond warranties provided by the supplier or manufacturer.
Limit of Liability . We shall be held harmless and otherwise disclaim any liability, without limitation, for any loss, injury, death or damage to persons or property, stemming from or otherwise related to the products and services sold on the Website. Further, in no event shall We be liable for any indirect, punitive, incidental, special, consequential, lost profits, loss of use, or any other damages whatsoever, without limitation, arising out of or in any way connected to the products and services sold on the Website. Inclusion of any product or service on the Website does not constitute an endorsement by Us.
Return Policy . Wine is not returnable. In the event a bottle of wine is damaged due to errors in packing or shipping, We reserve the right to either send a replacement bottle or issue a credit for discount towards future purchases equal to the value of the damaged wine.
Wine Best Price Guarantee. Our Best Price Guarantee is only applicable against the winery’s price as listed on its web site at the time of purchase or within 24 hours after purchase. Customers must provide verifiable proof of the lower price, which must be available to the general public. Prices for wine club members, certificate-holders, recipients of e-mails or other restricted sales will not be honored. If Customer finds that the winery is charging a lower price for the exact same product, including vintage, the Administrator will issue a credit for the difference in price to the card used to purchase the wine from the Us.
Must be 21 years of age to Order and Sign for Delivery . We strongly recommend sending all orders containing alcoholic items to a daytime or business address in order to ensure completed delivery. Alcoholic shipments will require a signature by persons of at least 21 years of age for delivery. By placing an order through Us, the Member is representing him/herself to Us as being at least 21 years of age and that the person to whom it is being shipped is at least 21 years old. Member is responsible for incomplete deliveries and shipments, including but not limited to, restocking fees and/or reshipping costs.
No PO Boxes. USPS regulations restrict shipping alcohol to PO Boxes or APO/FPO addresses.
Not all states allow delivery of alcohol . Shipments are only within the continental United States. Listed shipping rates are valid only for those shipments within the continental US and are limited to the states that wineries can ship to. The states that allow wine delivery can change often, and not all winery products are eligible to be shipped to the same states. The following states currently allow wine to be shipped, generally: AK, AZ, CA, CO, CT, FL, GA, HI, ID, IL, IN, IA, KS, LA, ME, MD, MA, MI, MN, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OR, PA, SC, SD, TN, TX, VT, VA, WA, DC, WV, WI, WY.
Consider the Weather. Temperature variances can occur during the summer months and it is the Member’s responsibility to consider the necessary packaging in order to protect their wine purchases. We may at times make suggestions such as overnighting shipments or suggest to hold the shipments back in order to ensure the integrity of the wines due to inclement weather. Member will have the ability to purchase cool pack and/or air shipping to protect packages from heat spikes when ordering.
1¢ Ground Shipping. To receive 1¢ Ground shipping on qualifying orders simply buy 6 or more bottles and ship them to the same address. 1¢ shipping offers do not apply to expedited, air, or Cool Pack shipments. If shipment is returned Member may be charged for return shipping at the regular, non-promotional rate and a restocking fee.
Weekend or Holiday Delivery. Weekend or holiday delivery of wine may not be available. All UPS and FedEx delivery attempts will be made Monday through Friday during normal business hours of 9AM to 5PM. While national couriers do not always provide weekend or holiday delivery options for all areas, if Member would like to place an order for delivery during one of these times, please contact Us before placing an order and a customer service agent will verify if the service level is available. Depending on the delivery location, Saturday delivery may require an additional charge. To arrange for a Saturday delivery, please call Our customer service department to place the order. Not all locations can be accommodated for Saturday deliveries. If placing an order for a special event and wish for the items to arrive by a certain date, please contact Us and We will do Our best to arrange it.